It’s customary to name laws after the people who introduced them in Congress, unless they get a cool acronym. like PROMESA or a meaningful name like the Puerto Rico Status Act. One of the laws named after its author is the Jones Act, or Section 27 of the federal Merchant Marine Act of 1920, which is a cabotage law requiring ships going from one U.S. port to another to be all-American ships. That’s not what we’re talking about today, but it does inject a bit of confusion into discussions of the Jones-Shafroth Act of 1917. The Jones-Shafroth Act is also sometimes called the Jones Act. In order to avoid confusion, we’re going to call the Jones-Shafroth Act by its full name. It was introduced by Representative William Jones of Virginia and U.S. Senator John Shafroth of Colorado, thus it is the Jones-Shafroth Act.
The Jones-Shafroth Act was the 1917 law which gave people born in Puerto Rico U.S. citizenship, HR9533. Its official title was “An Act to provide a civil government for Porto Rico, and for other purposes.” The bill laid out the structure for the local government of the territory of Puerto Rico.
The Jones-Shafroth Act begins with a bill of rights. The first section is the stirring statement, “That no law shall be enacted in Porto Rico which shall 81 deprive any person of life, liberty, or property without process of law, or deny to any person therein the equal protection of the laws.” It goes on to list the rights of people in trials and imprisonment; to forbid slavery, polygamy, alcohol and drugs, and noble titles; to guarantee freedom of speech and religion; to enforce an 8-hour work day and forbid child labor.
The next sections discuss taxes, the location of the capital, and an official limit on public debt.
Citizenship
Section 5 confers U.S. citizenship on the population of Puerto Rico. “All citizens of Porto Rico… are hereby declared, and shall be deemed and held to be, citizens of the United States:Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this Act before the district court in the district in which he resides.”
The 1900 Foraker Act made Puerto Ricans U.S. nationals and citizens of Puerto Rico. In 1917, the citizens of Puerto Rico created in 1900 had the option of choosing to remain citizens of Puerto Rico, if they preferred not to be citizens of the United States. They were not offered dual citizenship, but they were given a choice between the two. The Jones-Ahafroth Act had clear instructions on how to refuse U.S. citizenship.
They would have to make this declaration: “”I, [name], being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Porto Rico and certain natives permanently residing in said island.” In fact, 288 people did this. The rest accepted U.S. citizenship, and Puerto Ricans continue to cherish that citizenship to this day.
Government
The act goes on to explain the ownership of the land an buildings in Puerto Rico, and to name the members of the territorial government, including the Governor of Puerto Rico, who was at that time appointed by the President of the United States and Congress. There is a list of the official departments, such as the Department of Justice and the Department of Education, as well as other officials, and a description of the legislature and the duties of all these leaders.
Details of how laws would be made and how the government would be financed follow.
The act also establishes the position of resident commissioner, who would be (and still is) elected by the voters of Puerto Rico. The resident commissioner must be 25 years of age or older and must read and write English. The document explains the salary and expenses provided for the representative of Puerto Rico in Congress.
The act finishes up with a description of the judicial system of Puerto Rico.
The results of the Jones-Shafroth Act
“We are conferring on them what they ought to have had years ago . . . the privilege of being American citizens and being placed under the protection of our flag,” said Representative Horace M. Towner of Iowa. However, the Jones-Shafroth Act did not change the status of Puerto Rico.
“Because the Jones Act did not change Puerto Rico’s territorial status, persons born in the island subsequent to the enactment of the Jones Act could only acquire a derivative or parental form of jus sanguinis (blood-right) citizenship,” wrote University of Connecticut scholars. “In other words, even though the Jones Act extended citizenship to all the residents of Puerto Rico, the citizenship provision treated the island as a territorial possession located outside of the United States.” Court decisions in the years following the 1917 Jones-Shafroth Act, including the Balzac decision, one of the Insular Cases, confirmed that citizenship for Puerto Ricans did not change the political status of Puerto Rico.
However, because of the Jones-Shafroth Act, anyone born in Puerto Rico is a U.S. citizen and can have all the benefits of that citizenship, including full protection under the U.S. Constitution and the right to vote in presidential elections, just by moving to a state. 70,000 Puerto Ricans left the Island for the mainland following the Jones-Shafroth Act.
Now, most Puerto Ricans live in states. Those still living on the Island should have the benefits of statehood, too. If you live in a state — whether you are Puerto Rican or not — you have a voice in this matter. Please reach out to your representatives in Congress and encourage them to vote for the Puerto Rico Status Act.
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